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People v. Gonzalez

Supreme Court of New York, Second Department
Nov 6, 2024
2024 N.Y. Slip Op. 5455 (N.Y. App. Div. 2024)

Opinion

No. 2022-08879 Ind. No. 71939/21

11-06-2024

The People of the State of New York, respondent, v. Roberto Gonzalez, appellant.

Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Solomon Neubort of counsel; Rebecca Siegel on the memorandum), for respondent.


Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Solomon Neubort of counsel; Rebecca Siegel on the memorandum), for respondent.

BETSY BARROS, J.P., ROBERT J. MILLER, WILLIAM G. FORD, JANICE A. TAYLOR, DONNA-MARIE E. GOLIA, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Jane Tully, J.), imposed September 30, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 N.Y.3d 545; People v Lopez, 6 N.Y.3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 N.Y.3d at 255-256; People v Robinson, ___ A.D.3d ___, ___, 2024 NY Slip Op 04578, *1 [2d Dept]).

BARROS, J.P., MILLER, FORD, TAYLOR and GOLIA, JJ., concur.


Summaries of

People v. Gonzalez

Supreme Court of New York, Second Department
Nov 6, 2024
2024 N.Y. Slip Op. 5455 (N.Y. App. Div. 2024)
Case details for

People v. Gonzalez

Case Details

Full title:The People of the State of New York, respondent, v. Roberto Gonzalez…

Court:Supreme Court of New York, Second Department

Date published: Nov 6, 2024

Citations

2024 N.Y. Slip Op. 5455 (N.Y. App. Div. 2024)